The Constitutional Convention

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1 The Constitutional Convention

2 Review Why was the Constitution necessary? Article Text Congress had no power to tax Problem Created Congress had no power to enforce treaties Every state, despite size, had one vote Congress had no power to regulate commerce Amendment required unanimous vote

3 Review No power to tax? Article Text Problem Created Congress had no power to tax Weak currency and growing debt Unpaid army threatens mutiny Can t fund Congress, other gov functions

4 Review No power to enforce treaties? Article Text Congress had no power to enforce treaties Problem Created Angers foreign countries Britain keeps troops on American soil Continued conflict with natives

5 Review Every state has 1 vote? Article Text Problem Created Every state, despite size, had one vote Favors small states Populous states not equally represented

6 Review No power to regulate commerce? Article Text Congress had no power to regulate commerce Problem Created Trade hindered by states imposing high tariffs on each other

7 Review Amendment requires unanimous vote? Article Text Problem Created Amendment required unanimous vote Difficult to adapt articles to changing needs Partly motivates decision to start Constitution from scratch

8 The Constitutional Convention

9 The Setting

10 Intent Idealistic Make a perfect Union

11 Intent Pragmatic Question of sovereignty Common interests over regional disputes

12 The Participants

13 Where? Philadelphia, 1787 Impact of Shay s Rebellion Re-write rather than tinker Washington s plea A little rebellion now and then is a good thing --TJ in response to Shay s Rebellion

14 55 delegates from 12 states Young (42) Professional Half lawyers Men of economic means War veterans Absent: Thomas Jefferson, Patrick Henry

15 Key participants Washington President of convention Madison Researched every previous republic Large republic not only possible, preferred Popularly elected officials with sovereignty in the hands of the PEOPLE, not the state Franklin 81 years old The steadying influence

16 The Compromises COMPLETE THE ORGANIZERS USING PAGES OF YOUR TEXTBOOK

17 The Great Compromise Virginia Plan Edmund Randolph Large states 2 house legislature Representation based on population President and courts chosen by legislature The Great Compromise Lower house membership depended on population Upper house with two members from each state All revenue bills must begin in lower house New Jersey Plan William Patterson Congress with each state having 1 vote Separate executive & judicial branches Increased powers of Congress

18 The 3/5ths Compromise Non-slave states wanted Wanted slaves counted for taxation, but not representation WHY? Wanted an end to importation of slaves 3/5ths Compromise 60% of slaves counted for representation and taxation No Congressional interference with slavery for 20 years Slave states wanted Wanted slaves counted for representation, but not taxation WHY? No interference with slave trade by federal government

19 Commerce Compromise Cotton & tobacco producing states wanted Commerce Compromise Northern industrial states wanted Wanted restriction of taxes on exports All commerce bills to be passed by twothirds vote of Congress No tax on exports Simple majority needed to pass commerce bills Wanted federal tariffs to keep out cheaper European products & to raise revenues for the government

20 Ratification

21 How many votes were needed? 9 of the 13 states Why? Fear of opposition difficult to get everyone to agree on anything

22 Constitutional Conventions Many objections from state legislatures Thus, conventions were held Elected by the people Given authority to approve or reject Constitution

23 Federalists vs. Antifederalists Fundamental disagreement over sources of power (**sovereignty**)

24 Federalists Mostly wealthy, well-educated Wanted powerful central government

25 Federalist Papers Most influential political literature of the time Argued that limitations on governmental power were built into the Constitution Need for strength to earn respect abroad

26 Antifederalists Mostly farmers Loyal primarily to their state governments Feared taxation power of federal government Believed republican government could not rule a large nation

27 Bill of Rights Ultimate compromise Supported by Antifederalists Helped persuade opponents to ratify the Constitution

28 Ratification September 17, 1787 Large focus RIGHTS Examples: Declaration of Rights, Preamble

29 School House Rock: Preamble

30 Federalists vs. Antifederalists

31 Position on Constitution Federalists Defended Constitution Antifederalists Objected to elements of Constitution

32 Supporters (General) Federalists Well educated Propertied class From the Northeast seaboard Antifederalists States rights advocates Backcountry farmers Poor farmers Ill-educated & illiterate Debtors In general-poorer classes

33 Supporters (Specific people) Federalists James Madison John Jay Alexander Hamilton Antifederalists Samuel Adams John Hancock Patrick Henry Thomas Jefferson

34 Articles of Confederation Federalists Articles were weak and ineffective Antifederalists Articles were a good plan

35 Central Government Federalists Strong national government Strengthen powers in foreign policy Check excesses of power at home Antifederalists Opposed strong central government

36 State Power Federalists Strong national government needed to control uncooperative states Antifederalists Strong national government threatened state power

37 Who Should Govern Federalists Men of experience & talent Antifederalists Common people Strong national government threatened rights Feared aristocratic elements of Constitution Suspected sinister plot to suppress liberty of the masses

38 Rights of the People Protected By? Federalists National Government Antifederalists Annual elections for representatives Believed Constitution favored wealthy men

39 Bill of Rights Federalists Not necessary Constitution & state governments protect individual freedoms Antifederalists Constitution lacked Bill of Rights Feared state bills of rights would be overridden by Constitution

40 Votes Necessary for Ratification Federalists Ratify by any means possible Antifederalists Argued against 2/3 ratification plan Articles required unanimous consent

41 God & the Constitution Federalists Sympathetic to separation of church and state Antifederalists Opposed omitting any reference to God

42 Federalist #10 Analysis

43 Answer the following in your notes: 1. What is the main subject of discussion? 2. What is a faction? 3. Why are they a concern? 4. How do we get rid of factions? Option 1: a. b. Option 2: a. HOW??

44 Answer the following in your notes: 1. What is the main subject of discussion? Faction 2. What is a faction? A subgroup within the government often seeking to promote their own interest 3. Why are they a concern? Too many factions and nothing can be accomplished. Often seek their own interest above the good of the whole

45 4. Option 1: Remove Causes a. Destroy liberty (worse than factions) b. Give everyone the same passions/opinions (impractical/not possible) Option 2: Control the effects of factions a. HOW?? A REPUBLIC with a strong union

46 Madison concludes that controlling the effects IS the only option HOW do we control the effects of factions? We need a REPUBLIC with a strong union (central government) To understand this we must understand SOURCES of POWER (SOVEREIGNTY)

47 Sources of Power democracy Power comes from majority rule Majority has unlimited power over the minority Doesn t protect the rights of the individual republic Power comes from The Constitution Majority is limited & controlled by the Constitution Protects the natural rights of the individual **republic with little r Republican (party)** **democratic with little d Democrat (party)**

48 Therefore, Madison s argument in Federalist #10 is: A REPUBLIC with a strong union (central government) is necessary to curb the dangerous power of factions.

American History 11R

American History 11R Setting of the Philadelphia Convention Early decision to re-write, rather than tinker with the Articles of Confederation Open agreement secretly arrived at--washington's plea Intent